You are working as a graduate adviser in a large financial institution. Your manager, Rory, has asked for your urgent research assistance.
Rory is presenting at an industry forum at the end of the week on the subject 'The rights and remedies of shareholders'.
To assist Rory in preparing for this lecture, he asks you to research a recent case in the Australian media. Rory tells you that this case may involve a class action, minority shareholder oppression, a takeover bid, or disgruntled shareholders unhappy with management for reasons of financial performance and/or misconduct.
Rory has instructed that he wants 750 words on a relevant case by the end of the week.
Required:
Research and discuss a recent case (this means 2018 to the present) that relates to the rights and remedies of Australian shareholders.
In your response, analyze one or more of the following points:
- If it is a case of 'oppression', in your opinion, does it appear to pass the 'reasonable' test as set out in Wayde v NSW Rugby League Ltd (1985) 180 CLR 459?
- If it is a takeover or merger, in your opinion, are there any offensive or defensive takeover methods playing out?
- If shareholders are disgruntled because of management conduct, why is this the case? What remedies are open to investors?
Your answer must refer to relevant legislation and/or case law.